SCHMIDT v. WILKINSON

No. 69569.

340 N.W.2d 282 (1983)

Randall SCHMIDT, Cheryl Schmidt, Kim Walter and Jean Walter, Appellants, v. James D. WILKINSON and Frances Wilkinson, Appellees.

Supreme Court of Iowa.

November 23, 1983.


Attorney(s) appearing for the Case

Lyle A. Rodenburg, Council Bluffs, for appellants.

Scott H. Peters of The Peters Law Firm, P.C., Council Bluffs, for appellees.

Considered by McGIVERIN, P.J., and LARSON, SCHULTZ, CARTER and WOLLE, JJ.


McGIVERIN, Justice.

The sole issue presented by this appeal is whether the trial court erred in granting defendants' motion to dismiss for plaintiffs' alleged failure to properly plead an abuse of process claim. We conclude that plaintiffs' petition sufficiently stated an abuse of process claim in compliance with the "notice pleading" requirements of Iowa R.Civ.P. 69(a). Accordingly, we reverse and remand the case for further proceedings.

The record for purposes...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases